III. Withdrawal of Consent to Be In Attendance or Present On University Premises

 A. Recommendation to Withdraw Consent during Periods of Disruption

1. Periods of Disruption Defined
   The term “period of disruption” is any period in which it reasonably appears that there is any of the following (Texas Education Code § 51.231):
   1. Threat(s) of destruction to University premises;
   2. Threat(s) of physical or emotional injury to human life on University premises; or,
   3. Threat(s) of willful disruption of the orderly operation of the University.
2. Withdrawal of Consent
   During periods of disruption, the Assistant Vice President for SSSE or designee may recommend to the Vice President of Academic Affairs that prior to a Student Conduct Board hearing, and in accordance with Texas Education Code § 51.233, a student have their consent to be in attendance at the University or on University premises be withdrawn when there is reasonable cause to believe that the student has willfully disrupted the orderly operation of University premises and that his/her presence on University premises will constitute a substantial and material threat to the orderly operation of the University premises.
3. Terms of Withdrawal
   Withdrawal of Consent shall not be longer than fourteen (14) days from the date on which consent was initially withdrawn.
   
   Withdrawal of Consent is specifically provided by state statute (Texas Education Code § 51.233, et seq.). The provisions of Part III do not affect the power of the University to suspend or dismiss any student at the University in accordance with the procedures set forth in Part II of this Handbook. If a person is alleged to have violated the Code of Professional and Academic Conduct, and Withdraw of Consent also occurs, the procedures set forth in Parts II and III may occur concurrently.

B. Concurrence by Vice President of Academic Affairs

1. Written notice
   If the Vice President of Academic Affairs (VPAA) concurs with the Assistant Vice President for SSSE recommendation, the student will have their consent to be in attendance at the University or on University premises withdrawn in writing by the VPAA. Texas Education Code § 51.233(a) & 51.234.
2. Notice requirements
   1. That consent to remain on the campus has been withdrawn and the number of days for which consent has been withdrawn, not to exceed fourteen (14);
   2. Name and job title of the person withdrawing consent, along with an address where the person withdrawing consent can be contacted during regular working hours;
   3. Brief statement of the activity or activities resulting in the Withdrawal of Consent; and,
   4. Notification that the student is entitled to a hearing on the withdrawal not later than three (3) days from the date of receipt by the Assistant Vice President for SSSE of a request for hearing from the person.
3. Notification of the President
   1. Whenever consent is withdrawn by the VPAA, the VPAA shall submit a written report to the President within twenty-four (24) hours, unless the VPAA has reinstated consent for the student. The report shall contain all of the following:
      1. Description of the student, including, if available, the student’s name, address, and phone number; and,
      2. Statement of the facts giving rise to the Withdrawal of Consent.

C. Confirmation of the President

1. Confirmation
   If the President or his/her designee upon reviewing the written report described above finds that there was reasonable cause to believe that the student has willfully disrupted the orderly operation of the University or University premises, and that his presence on University premises will constitute a substantial and material threat to the orderly operation of the campus or facility, he/she may enter written confirmation upon the report of the action taken by the VPAA Texas Education Code §51.236 (b).
2. No Confirmation
   If the President or his/her designee does not confirm the action taken by the VPAA within 24 hours after the time that consent was withdrawn, the Withdrawal of Consent shall be deemed void and of no force or effect, except that any arrest made during the period shall not for this reason be deemed not to have been made for probable cause.

D. Hearing

1. Request by student
   The student from whom consent to remain on campus has been withdrawn may submit a written request for a hearing to the President, within the fourteen (14) day period of withdrawal. The written request must state the address to which notice of hearing is to be sent.
2. Hearing Procedures
   The student shall be entitled to the following procedures in accordance with the Texas Education Code, Sections 51.234 and 51.243.
   1. Hearing Notice
      Upon receipt of the request for hearing, the President shall grant the request and immediately mail a written notice of the time, place, and date of the hearing, along with pertinent records, exhibits and written statements to the student. A hearing will be conducted no later than three (3) days from the date that the President receives the request for hearing. The Hearing Committee will be appointed by the President and will be comprised of members from the respective schools other than the accused.
   2. Representation
      The student may be advised by counsel. The University will be represented by the Office of General Counsel.
   3. Witnesses
      The student, as well as the party who recommended consent be withdrawn, have the right to call and question witnesses and to cross-examine witnesses at the hearing. Members of the Hearing Committee may also question the witnesses. Witnesses are permitted to attend the Hearing only when they are providing information, unless the Hearing Committee, in its sole discretion, allows otherwise. The student shall be advised of the content of the statements, and the names of the persons who made them, at the hearing.
   4. Evidence
      All matters upon which the decision to withdraw consent may be based shall be introduced into evidence at the hearing. The decision to withdraw consent shall be based solely on the evidence presented at the hearing. At least one (1) day prior the date scheduled for the Hearing, the parties must submit to the Chair of the Hearing Committee the following information, if applicable:
      1. All pertinent records, exhibits and written statements (including Impact or Position Statements);
      2. A list of witnesses, if any, who will be speaking on behalf of the Accused Student or Complainant, including a brief summary of the information to be given by each; and,
      3. The name of the advisor, if any, who may be present in an advisory capacity at the hearing. See Part II.F.4.i.
   5. Procedural Questions
      All procedural questions are subject to the final decision of the chair.
   6. Recordings
      University shall record all Hearings. No recording will occur when the Hearing Committee is in discussion or deliberation. Deliberations shall not be recorded. The record is University property.
   7. Appeal to the President
      The student may appeal the decision within three (3) days from the date of the decision by sending a written appeal to the President. If the student does not appeal the decision by the hearing committee, the decision is final. The president will review and render a decision within seven (7) days.